profileAPI Terms of Use

1. Scope of These Terms

These Terms apply to your use of profileAPI websites, applications, documentation, APIs, MCP Server access, data services, data feeds, self-serve plans, trials, free plans, paid plans, GTM Engineering Services, professional services, and any related content, data, outputs, features, or functionality we provide.

The Services may include:

• API access to company, person, email, phone, and related business data;

• MCP Server access or other agent-access services;

• Data feeds delivered on a recurring or agreed cadence;

• GTM Engineering Services and professional services;

• documentation, sample code, dashboards, account tools, and support resources;

• free, trial, self-serve, paid, or enterprise access plans.

2. Relationship to Signed Agreements

These Terms are intended to govern website, app, documentation, trial, free, and self-serve use of the Services.

If you and profileAPI enter into a signed order form, statement of work, master services agreement, data processing addendum, or other written agreement that expressly governs your use of the Services, that signed agreement will control to the extent of any conflict with these Terms for the services covered by that agreement.

If no signed agreement applies, these Terms govern your use of the Services.

3. Eligibility and Account Registration

You may use the Services only if you can form a binding contract with profileAPI and are not prohibited from using the Services under applicable law.

You must provide accurate account, billing, and contact information and keep it current. You are responsible for all activity under your account, API keys, tokens, credentials, workspaces, agents, applications, and connected systems.

You must protect your credentials and notify us promptly if you suspect unauthorized access, compromise, or misuse.

We may suspend or restrict access if we believe your account, credentials, usage, connected systems, or activity creates legal, security, platform, abuse, deliverability, service integrity, or operational risk.

4. Access Rights

Subject to these Terms and your payment of applicable fees, profileAPI grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the applicable subscription, trial, free plan, or usage period solely for your internal business purposes and any permitted external sales, marketing, recruiting, outreach, workflow, application, or product use expressly allowed by these Terms or an applicable order.

No rights are granted except as expressly stated in these Terms.

5. Acceptable Use

You may not, and may not allow any third party to:

• use the Services in violation of applicable law, regulation, sanctions, export control requirements, or third-party platform terms;

• use the Services for unlawful spam, abuse, harassment, doxxing, deception, fraud, phishing, malware, credential harvesting, or other harmful activity;

• use the Services for consumer credit, tenant screening, employment eligibility, lending eligibility, insurance eligibility, healthcare eligibility, legal decisions, or other high-risk decisions about individuals;

• use the Services to target minors or to make unlawful discriminatory decisions;

• scrape, crawl, harvest, or otherwise extract data from profileAPI systems except through authorized product functionality;

• bypass, disable, overload, interfere with, or circumvent technical limits, rate limits, authentication, security controls, or usage restrictions;

• reverse engineer, decompile, disassemble, or attempt to discover source code, models, systems, prompts, schemas, taxonomies, workflows, methods, or underlying data sources;

• benchmark or publicly compare the Services without our prior written consent;

• use the Services to build, train, improve, validate, benchmark, or support a competing dataset, API, MCP server, enrichment service, GTM data service, data product, or substitute service;

• resell, redistribute, sublicense, publish, expose, or make available raw Provider Data, bulk exports, records, API responses, MCP outputs, or data feeds to third parties except as expressly permitted by profileAPI in writing;

• use outputs or derivatives to reconstruct profileAPI datasets, underlying records, models, taxonomies, schemas, inference logic, source mappings, or systems;

• use the Services in a manner that could damage profileAPI, other customers, third-party providers, data sources, platforms, or the availability, security, reputation, or integrity of the Services.

6. Customer Responsibilities

You are responsible for:

• determining whether the Services are appropriate for your intended use;

• ensuring your use of the Services complies with applicable laws and third-party terms;

• obtaining and maintaining any required rights, permissions, consents, notices, lawful bases, suppression lists, opt-outs, and unsubscribe mechanisms;

• reviewing and approving any data, outputs, campaigns, workflows, automations, prompts, messages, sequences, or deliverables before use;

• securing your systems, domains, inboxes, CRM, marketing automation, sales engagement tools, cloud destinations, AI tools, MCP clients, agents, and connected applications;

• maintaining backups and controls for your own systems and data;

• all activity conducted through your account, credentials, API keys, agents, workflows, or connected systems.

profileAPI may provide data, recommendations, drafts, configurations, workflows, enrichments, signals, outputs, or operational support, but you remain responsible for how you use them.

7. Outreach, Campaigns, and GTM Use

If you use the Services for sales, marketing, advertising, recruiting, outbound, enrichment, lead generation, segmentation, scoring, personalization, routing, campaign execution, or other GTM activities, you are responsible for compliance with all applicable laws, rules, industry standards, and platform terms.

This may include, where applicable, CAN-SPAM, CASL, GDPR, UK GDPR, ePrivacy rules, CCPA/CPRA, state privacy laws, TCPA, telemarketing rules, anti-spam laws, suppression and unsubscribe requirements, platform terms, and sender reputation requirements.

You are responsible for your recipients, messaging, offers, targeting, sending infrastructure, suppression lists, unsubscribe handling, domains, inboxes, DNS, authentication records, warmup, bounce handling, and deliverability practices.

profileAPI does not guarantee deliverability, inbox placement, open rates, reply rates, conversions, meetings, opportunities, pipeline, revenue, or business outcomes.

8. AI Tools, Agents, and MCP Server Use

If you connect AI tools, MCP clients, agents, applications, automations, prompts, instructions, workflows, or downstream systems to the Services, you are responsible for their actions, decisions, outputs, errors, omissions, hallucinations, misuse, and downstream effects.

You may not use the Services, MCP Server, outputs, or connected AI workflows for prohibited or high-risk uses described in these Terms.

You must implement appropriate human review, access controls, logging, monitoring, and safeguards for any AI or automated workflow that uses the Services.

9. Provider Data, Outputs, and Restrictions

"Provider Data" means data and content made available through the Services, including company data, person data, contact data, firmographic data, professional profile data, inferred traits, signals, enrichments, classifications, scores, recommendations, API responses, MCP Server responses, data feed records, and related outputs.

"Outputs" means results returned by or generated through the Services, including scores, enrichments, recommendations, inferences, classifications, MCP Server outputs, and derivatives of those results.

Provider Data and Outputs are licensed, not sold. You may use Provider Data and Outputs only as permitted by these Terms, your plan, documentation, usage limits, and any applicable signed agreement.

You may not use Provider Data, Outputs, or derivatives to create a dataset, API, MCP server, enrichment product, GTM data service, data feed, model, embedding set, or other product or service that substitutes for or competes with profileAPI or exposes underlying records.

You may not sell, rent, lease, sublicense, publish, syndicate, transfer, disclose, or otherwise make raw Provider Data, bulk records, API responses, MCP outputs, or data feed records available to third parties unless expressly permitted in writing by profileAPI.

10. Caching, Storage, and Retention

Unless a signed agreement, order, or plan states otherwise, you may store and cache Provider Data and Outputs only during the period in which your account, plan, subscription, trial, or applicable access right remains active.

After expiration, cancellation, or termination, you must stop using and delete Provider Data within 30 days unless profileAPI expressly agrees otherwise in writing or applicable law requires limited retention.

You may retain Customer-created derivatives only if they do not include, expose, reconstruct, or substitute for Provider Data, underlying records, or profileAPI materials.

11. Machine Learning and Model Training

You may not use Provider Data, Outputs, data feed records, API responses, MCP Server outputs, or derivatives to train, fine-tune, validate, benchmark, improve, or support any model, embedding set, data product, enrichment service, or system that competes with profileAPI, replicates profileAPI datasets, or exposes underlying records.

You may use Provider Data and Outputs for internal analytics, scoring, routing, prioritization, personalization, and workflow logic only as permitted by these Terms and your applicable plan or agreement, provided that the resulting models or systems do not expose Provider Data, rows, records, or underlying data and are not sold, licensed, redistributed, or used as a substitute data product.

12. Customer Data

"Customer Data" means data, materials, files, content, account information, credentials, configuration information, prompts, instructions, workflow requirements, ICP definitions, persona definitions, campaign requirements, suppression lists, messaging inputs, and other information you provide to profileAPI or connect to the Services.

You retain ownership of Customer Data. You grant profileAPI a limited license to host, process, transmit, display, transform, enrich, analyze, and use Customer Data as necessary to provide, secure, support, maintain, and improve the Services.

You represent that you have all rights, permissions, consents, and lawful bases necessary to provide Customer Data to profileAPI and to use it with the Services.

13. Aggregated and De-Identified Data

profileAPI may generate and use aggregated, anonymized, or de-identified data that does not reasonably identify you, your users, your customers, or any individual for analytics, benchmarking, capacity planning, quality improvement, service improvement, product development, and business purposes.

14. Documentation, Content, and Feedback

The websites, documentation, examples, code samples, designs, text, graphics, interfaces, workflows, schemas, taxonomies, templates, prompts, content, and other materials made available by profileAPI are owned by profileAPI or its licensors.

You may use documentation solely to access and implement the Services as permitted by these Terms. You may not copy, publish, sublicense, or redistribute documentation except as needed for your internal implementation.

If you provide feedback, suggestions, ideas, or recommendations, profileAPI may use them without restriction or obligation, provided we do not disclose your confidential information in doing so.

15. Third-Party Services and Data Sources

The Services may interact with or rely on third-party tools, platforms, data sources, APIs, cloud providers, email providers, CRM systems, sales engagement tools, marketing automation tools, AI tools, large language models, MCP clients, agent frameworks, or other third-party services.

profileAPI is not responsible for third-party services, their data, availability, security, policies, limits, fees, errors, suspensions, outputs, or changes.

Your use of third-party services is subject to the terms and policies of those third parties.

16. Plans, Credits, Billing, and Payments

Certain Services may be offered through free plans, trials, monthly plans, annual plans, usage-based credits, prepaid credits, subscriptions, custom plans, enterprise plans, or other pricing structures.

Fees, credits, limits, included features, renewal terms, and billing terms are shown at purchase, in the applicable account interface, pricing page, order, invoice, or written agreement.

Unless otherwise stated at purchase or in a signed agreement:

• fees are in U.S. dollars;

• fees are non-cancelable and non-refundable;

• unused credits do not entitle you to refunds;

• we may suspend access for failed, overdue, or disputed payments;

• you are responsible for taxes, duties, levies, and similar governmental charges, excluding taxes based on profileAPI income;

• we may change pricing, credit values, features, limits, or plan availability on a going-forward basis.

If you exceed plan limits or rate limits, we may throttle usage, require an upgrade, charge overages if applicable, suspend access, or prevent additional usage until credits or limits are restored.

17. Trials, Free Plans, and Beta Features

profileAPI may offer free plans, trials, previews, beta features, or experimental functionality. We may modify, limit, suspend, or discontinue these offerings at any time.

Free, trial, preview, and beta features are provided as-is, may be subject to additional limits, and may not be covered by support, uptime, security, or availability commitments.

18. Service Changes and Availability

We may modify, update, suspend, discontinue, or deprecate the Services, features, endpoints, schemas, fields, data sources, documentation, MCP Server capabilities, pricing, or plans from time to time.

We will use commercially reasonable efforts to avoid material disruption, but we do not guarantee that any feature, field, endpoint, data source, schema, or functionality will remain available.

We may perform maintenance or emergency changes as needed for security, legal, compliance, platform, service integrity, operational, or business reasons.

19. Privacy and Data Protection

Our Privacy Policy explains how we collect, use, disclose, and protect personal information.

If we process personal data on your behalf as a processor or service provider, a separate data processing addendum or signed agreement may apply. If no separate data processing addendum applies, you remain responsible for determining whether your use of the Services complies with applicable privacy and data protection laws.

20. Confidentiality

If you receive non-public information from profileAPI that is marked confidential or should reasonably be understood to be confidential, you must protect it using reasonable care and use it only to access or evaluate the Services.

Confidential information does not include information that is public through no fault of the receiving party, already known without restriction, independently developed without use of confidential information, or rightfully received from a third party without confidentiality obligations.

21. Intellectual Property

profileAPI owns the Services, Provider Data, outputs as between you and profileAPI, websites, applications, APIs, MCP Server, data feeds, documentation, schemas, taxonomies, models, prompts, workflows, systems, templates, methodologies, software, know-how, and all improvements.

You own Customer Data and Customer-created derivatives that do not include, expose, reconstruct, or substitute for Provider Data or profileAPI materials.

No rights are granted by implication, estoppel, or otherwise.

22. Security

profileAPI maintains reasonable technical and organizational measures designed to protect the Services.

You are responsible for securing your accounts, users, credentials, API keys, tokens, systems, destinations, connected tools, agents, MCP clients, and downstream systems.

You must promptly revoke or rotate compromised credentials and notify profileAPI of suspected compromise.

23. Suspension and Termination

We may suspend, limit, or terminate access to all or part of the Services if:

• you violate these Terms;

• your use creates legal, security, abuse, deliverability, platform, operational, or service integrity risk;

• your usage exceeds plan limits, rate limits, or fair use limits;

• payment is overdue, disputed, reversed, or fails;

• suspension is required by law, a third-party provider, or a platform requirement;

• we reasonably believe suspension is necessary to protect profileAPI, customers, users, third parties, or the Services.

You may stop using the Services at any time. Cancellation does not relieve you of payment obligations incurred before cancellation.

Upon termination or expiration, your right to use the Services ends, and you must stop using and delete Provider Data as described in these Terms.

24. Disclaimers

THE SERVICES, PROVIDER DATA, OUTPUTS, DOCUMENTATION, DATA FEEDS, MCP SERVER OUTPUTS, GTM ENGINEERING SERVICES, PROFESSIONAL SERVICES, RECOMMENDATIONS, AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE" EXCEPT AS EXPRESSLY STATED IN A SIGNED AGREEMENT.

profileAPI does not warrant that the Services will be uninterrupted, error-free, complete, current, accurate, or fit for your particular purpose.

profileAPI does not guarantee any number of leads, contacts, enrichments, matches, meetings, replies, conversions, opportunities, customers, revenue, deliverability rate, open rate, reply rate, model performance, agent performance, or business outcome.

The Services are not legal, financial, compliance, marketing, deliverability, or professional advice. You are responsible for obtaining your own legal and compliance advice.

25. Indemnification

You will defend, indemnify, and hold harmless profileAPI and its officers, directors, employees, contractors, affiliates, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

• your use or misuse of the Services;

• your violation of these Terms;

• your Customer Data, instructions, systems, prompts, workflows, automations, or connected tools;

• your outreach, marketing, sales, recruiting, advertising, campaign, sending, or messaging activities;

• your violation of law, regulation, third-party rights, or third-party platform terms;

• your use of Provider Data, Outputs, or derivatives in violation of these Terms.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFILEAPI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFILEAPI'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PROFILEAPI FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) $100.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

27. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms, updating the "Last Updated" date, sending notice, or using another reasonable method.

Updated Terms apply on a going-forward basis. If you continue using the Services after updated Terms become effective, you accept the updated Terms.

28. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, excluding conflict of laws rules.

The state and federal courts located in Delaware will have exclusive jurisdiction and venue for disputes arising out of or related to these Terms or the Services, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property, confidential information, data, security, or service integrity.

Before filing suit, the parties will try in good faith to resolve any dispute informally for 15 days, except where urgent injunctive relief is needed.

29. Assignment

You may not assign or transfer these Terms without profileAPI's prior written consent. profileAPI may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or by operation of law.

30. Notices

profileAPI may provide notices by email, account notification, website posting, in-product notice, or other reasonable method.

Legal notices to profileAPI must be sent to [email protected].

You are responsible for keeping your account and billing contact information current.

31. Miscellaneous

These Terms, together with any applicable policies, plan terms, pricing terms, and signed agreements, form the entire agreement between you and profileAPI for your use of the Services.

If any provision is unenforceable, the remaining provisions will remain in effect.

Our failure to enforce a provision is not a waiver.

Headings are for convenience only.

32. Contact

Truebase, Inc., d/b/a profileAPI

1151 Walker Rd Ste 100, PMB 285

Dover, DE 19904

[email protected]